DATE: January 2, 2008

TO: 2013 Summer Food Service Program (SFSP) Sponsors

FROM: John Frassinelli, Chief

Bureau of Health/Nutrition, Family Services and Adult Education

DATE: July 26, 2013

SUBJECT: Operational Memorandum #10-13 – SFSP

Summer Food Service Program Questions and Answers

In recent years, there have been significant changes to the Summer Food Service Program

(SFSP). The Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296) made important

changes to SFSP eligibility requirements. Additionally, the Food and Nutrition Service (FNS)

improved access to the SFSP by lessening the administrative burden for sponsors, where

possible, through a series of national waivers.

As a result, previously issued Questions and Answers have been updated to reflect these SFSP

changes, and additional “frequently asked questions” have been added. This memorandum

supersedes SFSP 03-2009 Revised: Transmittal of Guidance on the Summer Food Service

Program, September 24, 2009. Those questions which have been updated or are added are

summarized below:

Site Eligibility:

Revised question number 2 and added question number 7 Sponsor or Site Approval:

Added questions number 2, 3, 5 - 8, revised question number 4

Financial Management:

Revised question number 2, 9, and 10 - 13, added questions number 8 and 14

Camps:

Added question number 5 Miscellaneous Questions:

Added questions number 3, 4, 6, and 8-11 Questions pertaining to this memorandum may be directed to Fionnuala Brown at 860-807-2129

or fionnuala.brown@ct.gov.

JF:fbb

Important: This is a numbered Operational Memorandum that contains important program information. Please read carefully and retain in a

binder for your future reference. Operational Memoranda are also posted on the Child Nutrition Web site at the following link:

http://www.sde.ct.gov/sde/cwp/view.asp?a=2626&q=333792.

Summer Food Service Program

Questions and Answers

A. SITE ELIGIBILITY

1. What is the difference between an open and a restricted open site?

In the Summer Food Service Program (SFSP), there are three common types of sites: open sites,

closed enrolled sites, and camps (residential and nonresidential). Open sites are those where

meals are made available to all children in the area on a first-come, first-served basis. Both open

and restricted open sites must serve children in geographical areas where 50 percent or more of

the children residing in the school attendance area are eligible for free or reduced-price school

meals. This percentage must be documented by data provided by public and non-profit private

school officials, census data, welfare or education agencies, zoning commissions, or other

appropriate sources.

An open site becomes a restricted open site when a sponsor chooses to restrict or limit the site’s

attendance for reasons of security, safety, or control. A site that would normally be approved as a

traditional open site may not be approved as a restricted open site as a matter of preference or

convenience; the sponsor must demonstrate to the satisfaction of the State agency that a

legitimate reason exists to limit access to the site [7 CFR 225.2].

2. What is a closed enrolled site?

Closed enrolled sites serve only an identified group of children enrolled at the site. To qualify as

a closed enrolled site, at least 50 percent of the enrolled children must be from households that

meet the income eligibility guidelines. Sponsors can document an enrolled site’s eligibility by:

• Obtaining lists by name and eligibility status of enrolled children for free and reduced-

price meals from schools where the children receive school lunch or breakfast. Parental

consent forms are not required in order for the local school food authority (SFA) to

provide this information to SFSP sponsors;

• Asking the parent or guardian of each enrolled child to complete an income eligibility

form;

• Using school data to establish area eligibility for the site, rather than using the income

eligibility form; or

• Using census data to establish area eligibility for the site, rather than using the income

eligibility form [7 CFR 225.2; SFSP Memorandum, Closed Enrolled Sites,

November 17, 2002].

3. What standards should be used in determining whether SFSP open sites are too close in

proximity?

When evaluating proposed SFSP sites, the State agency must ensure that the area the site

proposes to serve is not or will not be served in whole or in part by another site, unless it can be

demonstrated to the satisfaction of the State agency that each site will serve children not served

by any other site in the same area for the same meal [7 CFR 225.6(d)(1)(ii)].

2

States have discretion, therefore, in determining whether sites are targeting the same area or

children. To support access to summer meals, it may be appropriate for States to allow sites in

relatively close physical proximity to operate in the community, each serving its own

participants. Sponsors should be able to explain why differences in the population of children

they intend to serve require multiple sites in close proximity. For example, an open site at an

elementary school may attract primarily young children, while an open site at a nearby teen

center may attract primarily teens. Therefore, the State may determine that even though these

sites are in relatively close physical proximity they attract different groups of children who may

not be otherwise served.

Sites also may be close in proximity, but separated by a physical barrier that limits access. For

example, sites located on opposite sides of a busy highway may be close in proximity, but access

to the sites is restricted due to inability of the children to safely cross the highway. The State may

determine that the sites are serving different children based on the physical conditions that

restrict access. Additionally, sites located in close proximity may be required to have the same

meal times or shorter meal times to avoid the possibility of children traveling from one site to

another.

4. When using school data to determine area eligibility for SFSP, is there a particular

month that institutions must reference?

For purposes of the SFSP, areas in which poor economic conditions exist are those school

attendance areas where at least 50 percent of the children are eligible for free or reduced price

school meals under the National School Lunch Program (NSLP) and the School Breakfast

Program (SBP) [7 CFR 225.2].

To minimize administrative burden on the NSLP State agency, SFSP State agencies should use

the data that is reported by the NSLP State agency for use in the Child and Adult Care Food

Program (CACFP). This is usually October data, but may be data from an alternate month

designated by the NSLP State agency. Once the month is established it must be used for all site

eligibility determinations throughout the State that year.

The data from other months may be used to determine SFSP area eligibility in specific cases

when special circumstances exist. For example, a major event, such as the loss of a large

employer or a significant natural disaster, might change the economic make-up of a community

in a short amount of time and render the October or alternate-month data irrelevant to current

conditions. In this situation, SFSP State agencies may approve the use of enrollment data from a

later month, on a case-by-case basis.

5. In determining area eligibility, may eligibility be based on NSLP participation rates or

must it be based only on enrollment data?

When relying on NSLP data, area eligibility must be based on the percentage of enrolled students

eligible for free or reduced price meals, not on participation data. NSLP enrollment data generate

the percentage of students eligible for free or reduced price meals based on the entire school

population. The expectation is that the school enrollment data will reflect economic

characteristics similar to that of the community from which the student population is drawn.

Participation data, on the other hand, consider only the children who participate in the NSLP,

3

resulting in a less complete and accurate snapshot of the economic characteristics of the school,

and therefore the surrounding community.

6. When determining area eligibility of a school, can the percentage of children eligible for

free or reduced price school meals of another school in the same attendance area be

used?

Yes. If a high school with less than 50 percent free or reduced price school enrollment is located

in the attendance area of a middle school where 50 percent or more of the enrolled children are

eligible for free or reduced price meals, for example, the high school would be area eligible.

7. How do you determine a site’s area eligibility in cases where children regularly attend

schools outside a designated area, for example, where there is busing or school choice?

In cases of school sites, the use of school data would typically be permissible. In other cases, it

is best to refer to SFSP 03-2013, Determining Area Eligibility Based on School Data, for specific

guidance on this issue.

B. SPONSOR OR SITE APPROVAL

1. May an institution that participates in the CACFP during the school year switch to the

SFSP for the summer?

Generally, institutions that participate in CACFP may not claim reimbursement under SFSP

[7 CFR 225.15(a)(2)]. However, CACFP institutions that have substantial changes in activities or

enrollment, or develop a separate food service program for children who are not enrolled in the

CACFP, and meet SFSP eligibility criteria, may be approved to participate in the SFSP.

Institutions may not switch back and forth between participation in CACFP and participation in

SFSP to serve the same children.

Institutions that are approved for both the CACFP and the SFSP must ensure that the same

children are not served meals in both programs and separate records must be kept for each

program [FNS Instruction 782-4, Revision 2].

2. Are there any restrictions on afterschool programs switching from the at-risk

afterschool meals component of the CACFP during the school year to SFSP during the

summer when school is not in session?

Generally, organizations that serve meals or snacks to children only through the at-risk

afterschool meals component of CACFP during the school year may serve meals to all children

through age 18 under SFSP during the summer months, subject to approval of their SFSP

application by the State agency.

However, a traditional child care center that also serves at-risk afterschool meals or snacks (i.e.,

the center has enrolled pre-school children in care during the day, but also serves at-risk

afterschool meals or snacks to school-age children) may receive reimbursement under SFSP

during the summer only for meals served to children who participate in the afterschool program

during the school year. See Question B1 above for information regarding eligibility of the

traditional child care component.

4

3. What is the NSLP Seamless Summer Option (SSO) and how do the requirements

differ?

The NSLP Seamless Summer Option (SSO) offers a streamlined approach to feeding children in

the summer. SFAs participating in the NSLP or the SBP may offer meals through the SSO. Once

approved, schools located in eligible areas may serve free meals to children, 18 years and under.

The same NSLP and SBP rules apply to meal service provided through the SSO. All eligible

meals provided under SSO are paid at the applicable NSLP or SBP rates. If the site is area

eligible, all meals are reimbursed at the NSLP or SBP free rates. In both the SSO and the SFSP,

sites must be located within the attendance area of a school where at least 50 percent of the

children are eligible for free or reduced price school meals in order to qualify as area eligible.

4. Under what circumstances may summer schools participate in SFSP?

Sponsors that administer SFSP at sites where an accredited summer school is in session must

ensure that these sites are open to all children residing in the school attendance area served by

the site, in addition to the children enrolled in the summer school program [7 CFR 225.14(d)(2)].

If the site is not open to the children of the community but provides meals only to enrolled

summer school students, the site is not eligible to receive reimbursement for meals through SFSP

or the SSO. The NSLP and SBP are available to any school that hosts an academic summer

school where access to meal services is limited to children enrolled in the summer school

program.

5. What are some differences between the SFSP and the SSO in the NSLP?

REQUIREMENTS SFSP SSO

Meal Cost for Children

All meals are free. Although camps are only reimbursed for children who qualify for free or reduced price meals, camp sponsors may, and usually do, provide meals free of charge to all children.

Same as SFSP

Establishing Site Eligibility

Open sites: In the attendance area of a school or in a geographic area defined by census data where 50 percent or more of the children qualify for free or reduced price school meals, and open to community.

Enrolled sites: 50 percent or more of enrolled children are eligible for free or reduced price meals, determined by approved application, or operate in an eligible area.

Migrant sites: Certification by a migrant organization that the sites serve children of migrant farm workers.

Camps: Offer a regularly scheduled food service as part of an organized program for enrolled children.

Same as SFSP

5

REQUIREMENTS SFSP SSO

Type of Meals Meals served may include breakfast, lunch, supper, or snack (AM or PM). Lunch and supper may not be reimbursed for the same day by the same site, except for camp and migrant sites.

Same as SFSP

Maximum Number of Meals

Two meals for most sites, three meals for migrant sites and camps.

Same as SFSP

Reimbursement Rates

Paid at SFSP free rates. All eligible meals provided under SSO are paid at applicable NSLP or SBP free rates.

Meal Pattern Meal pattern must meet 7 CFR 225.16(d) standards. However, SFAs may substitute NSLP and SBP meal patterns.

Must meet requirement for NSLP in 7 CFR 210.10; or SBP in 7 CFR 220.8.

Eligible Sponsors SFAs, Local government agencies, Private non-profit organizations, Universities or colleges, Community and faith-based organizations

SFAs

6. Is there a required number of children who must attend a site in order for the site to be

approved to participate?

While there is no minimum requirement of child attendance at an SFSP site, it is important that a

sponsor adequately evaluate the needs of an area it hopes to serve prior to finalizing site

operations. Adequate Program planning requires an accurate estimate of the number of children

that will be served so that the total potential reimbursement can be calculated. For new sites,

sponsors can estimate the potential number of participating children by contacting schools and

other organizations in the area to determine the number of children within a short walking

distance to the site.

7. How many sites may a sponsor be approved to operate?

All sponsors may be approved to operate a maximum of 200 sites and serve a maximum total

average daily attendance of 50,000 children. However, sponsors must demonstrate financial and

administrative capability for Program operations for all sites at which they propose to conduct a

food service. The State agency has the authority to limit the number of sites for a sponsor if

Program requirements outlined in 7 CFR 225.14(c) are not met to the satisfaction of the State

agency [SFSP 02-2011: Eligibility Requirements and Site Limits for Private Nonprofit

Organizations in the Summer Food Service Program, January 14, 2011].

8. Are there any additional caps placed on how many reimbursable meals a site may

serve?

Site caps are required for vended sites. A sponsor may not claim reimbursement for meals served

to children at any site in excess of the approved level of meal service if one has been established.

6

Therefore, a sponsor may not claim reimbursement for meals served to children at any vended

site in excess of the cap [7 CFR 225.6(d)(2), 7 CFR 225.9(f)].

When evaluating a proposed food service site, the State agency must ensure that the site is

approved to serve no more than the number of children for which its facilities are adequate.

Therefore, site caps are also required for non-vended sites. A limit must be placed on a site, prior

to being approved. This “cap” is based on the capacity of the site to prepare and distribute meals.

The State agency’s determination of this cap for self-prep sites should be based on the number of

children for which their facilities are adequate [7 CFR 225.6(d)(1)(iii)].

C. FINANCIAL MANAGEMENT

1. If an SFSP site is administered by a nonprofit institution does it automatically meet the

requirement to conduct a nonprofit food service under SFSP?

No. The purpose of the SFSP is to assist States in conducting nonprofit food service

programs for children during the summer months and at other approved times [7 CFR 225.1,

7 CFR 225.6(e)(1)]. The institution’s status as public or private nonprofit cannot be used as

evidence that the institution is operating a nonprofit food service. Nonprofit status is determined

by the scope of the food service activities conducted and the use of the food service revenues. A

sponsor is operating a nonprofit food service if the food service operations are principally for the

benefit of participating children and all of the Program reimbursement funds are used solely for

the operation or improvement of such food service.

2. Are private nonprofit organizations required to have Internal Revenue Service tax-

exempt status in order to be eligible to participate in the SFSP?

Yes. Private nonprofit sponsors must have tax exempt status under the Internal Revenue Code of

1986 in order to be eligible to participate in the SFSP [7 CFR 225.2]. Additionally, all sponsors

must maintain records and supporting documentation to permit reviewers and auditors to

evaluate and verify that the sponsor and the SFSP were operated on a nonprofit basis.

3. May a CACFP sponsor establish a separate organization using a separate tax

identification number to participate in the SFSP?

CACFP sponsors may not establish separate entities using separate tax identification numbers to

serve the same children under different Child Nutrition Programs in order to avoid Program

restrictions or to earn higher reimbursement. However, if there is a legitimate need for a separate

organization and that organization has sufficient differences in activities and management, and

serves children who are not enrolled in the CACFP, it may be approved to participate in SFSP if

it meets SFSP eligibility criteria. This will generally apply to organizations participating in the

at-risk afterschool meals component of the CACFP. The organizations must ensure that the same

children are not served meals in both Programs and keep separate records for each Program

[FNS Instruction 782-4, Revision 2].

4. Are nonprofit food service programs required to break even or maintain a negative

account balance?

Managing a nonprofit food service does not require that a sponsor break even or operate at a loss.

The nonprofit compliance is determined by the use of the nonprofit food service revenues. All

7

income to the Program must be retained and used for the sole purpose of operating a nonprofit

food service. The sponsor is limited to allocating costs to the Program for allowable expenses of

serving meals to eligible participants.

5. Must a sponsor maintain SFSP funds in a separate account?

No. Sponsors are not required to maintain SFSP funds in a separate account. However, sponsors

must be able to account for the receipt, obligation, and expenditure of all SFSP funds

[OMB Circular A-110, Section 22(i)].

When a sponsor’s total food service is not conducted principally for the benefit of its own SFSP

participants, the non-Program and Program components of the food service operation must be

tracked separately. Through this separation, the sponsor must ensure that the nonprofit food

service Program component does not support any non-Program food service activities, such as

vending or catering operations or adult meal services.

Unallowable support occurs when non-Program costs are assigned to the nonprofit food service

or when Program revenues are used for unallowable expenses or not retained for use in the

nonprofit food service. The sponsor must maintain accounting records documenting proper cost

allocation between the Program and non-Program components of its food service operation. The

State agency must ensure through the review process that all SFSP reimbursements are used

solely for conducting nonprofit food service operations.

If the sponsor operates more than one Child Nutrition Program, SFSP reimbursements may be

used for allowable costs relating to any of the Child Nutrition Programs.

6. How should a State agency respond if it determines that a sponsor is using funds

improperly?

If a State agency finds that a sponsor is using funds for expenses that are not allowable under any

of the Child Nutrition Program operated by the sponsor, it must require corrective action. If

funds were used for unallowable costs, the State should require the sponsor to replenish the funds

to the Program. It should be emphasized that USDA funds may not be used to restore funds used

for unallowable costs, but funds must come from another source.

If the sponsor is found to be seriously deficient and does not take appropriate corrective action,

the State agency may consider termination of the agreement with the sponsor and recover funds

used for unallowable costs [7 CFR 225.11].

7. If reimbursements are made based on “meals times rates” how does a State have

authority to collect funds that were used improperly?

Although under the simplified summer rules reimbursements are now based on meals times rates,

sponsors still must comply with Program requirements. This means that the sponsor must operate

a nonprofit food service, must use Program funds only for allowable expenses, and must comply

with all Program regulations and policy guidance [FNS Instruction 796-4, Revision 4].

Sponsors that violate Program requirements may be assessed an overclaim if meal claims were

determined to be inaccurate. Additionally, where it is determined that Program funds were used

for an unallowable expense, sponsors may be required to repay the portion of the reimbursement

8

that was attributable to the Program violation. Requiring a sponsor to repay Program funds is an

appealable action [7 CFR 225.13].

8. If sponsors do not have to submit documentation of their costs to the State agency when

claiming reimbursement, do they still have to document their expenses?

The SFSP simplified cost accounting procedures base reimbursements on the number of meals

served times the reimbursement rate, without requiring a comparison to actual or budgeted costs.

Under this simplified structure, sponsors are no longer required to submit documentation of their

costs to the State agency for reimbursement. However, they are still required to maintain

documentation indicating that their reimbursements were spent on allowable Child Nutrition

Program costs. This documentation must be available for State agency review [SFSP 03-2008:

Simplified Procedures in Summer Food Service Program, February 14, 2008].

SFSP regulations require State agencies to disallow any portion of a claim for reimbursement

and recover payments to a sponsor if the sponsor is unable to document that the reimbursement

was used for allowable costs. Therefore, if a sponsor lacks required documentation, the State

agency must declare the sponsor seriously deficient, require corrective action and recover the

reimbursement [FNS Instruction 796-4, Revision 4; 7 CFR 225.12(a)].

9. What should a sponsor do if it receives more reimbursement than it spends?

It is the sponsor’s responsibility to closely monitor its reimbursement and expenditures

throughout its administration of the SFSP. If a sponsor receives more reimbursement funds than

it uses for the Program, the sponsor must use the “excess” funds in a way that benefits SFSP

services to children or for expenses related to other Child Nutrition Programs operated by the

sponsor.

Because most sponsors operate the SFSP for a short time each year, it is critical for the State to

closely monitor each sponsor’s funding and Program expenditures. If the State identifies an

excessive gap between a sponsor’s reimbursements and expenditures, the State must require

corrective action, such as improvement of the meal service.

10. May State agencies collect excess funds from a sponsor by assessing an overclaim?

No. State agencies may not collect excess funds if they are earned based on the meals times rates

formula and the sponsor is properly managing the Program. Such funds are not an overclaim

subject to recovery. However, the State agency must require the sponsor to use the excess funds

in a way that benefits SFSP services to children, such as improving the quality of the food

provided and enhancing monitoring and oversight, or for expenses related to other Child

Nutrition Programs operated by the sponsor.

11. What should a sponsor do with excess funds after the Program ends for the year?

Sponsors with SFSP funds remaining upon the completion of the Program for the year should

use the funds for SFSP allowable expenses, such as improving feeding sites or food preparation

facilities, as start-up funds for the next year, for improving the food quality for the following

summer, or for expenses related to other Child Nutrition Programs operated by the sponsor.

9

12. What if a sponsor has excess funds but does not intend to participate in the SFSP the

following year?

When a State agency is notified that a sponsor does not intend to participate in the SFSP the

following year, the State agency should conduct appropriate close-out activities. If the sponsor

has excess funds, the sponsor should apply the SFSP excess funds to expenses related to other

Child Nutrition Programs it operates. If the sponsor does not operate other Child Nutrition

Programs, the State agency should collect the excess funds [7 CFR 3016 and 3019, Subpart D].

13. What should the State agency do if sponsors have excessive SFSP fund balances?

Each State agency must determine what constitutes an excessive nonprofit food service Program

balance and monitor the steps a sponsor takes to reduce an excessive balance. The State agency

may not reduce future reimbursement payments or recover excess funds as a means of reducing

high balances, but must ensure sponsors reduce excessive food service account balances through

improvements or expansion of the nonprofit food service for Child Nutrition Program

participants. The sponsor may not transfer excess funds to non-Program operations or use excess

funds to increase salary or fringe benefit costs when the sole purpose of the increase is to reduce

a nonprofit food service program balance.

14. May a State require that sponsors report actual costs even though it is not a Federal

requirement?

No. Sponsors may not be required to report their costs to the State agency, although they must

maintain records for the State agency’s review [SFSP 01-2008: Nationwide Expansion of

Summer Food Service Program Simplified Cost Accounting Procedures, January 2, 2008].

15. How should a State agency calculate advances under the simplified cost accounting

procedure?

The State agency should continue to calculate advances as outlined in the regulations. Sponsors

that request advances are required to provide estimated operating and administrative costs

[7 CFR 225.9(c)].

16. May a sponsor request an advance for operating and administrative costs combined?

No. Because State agencies are still required to calculate operating and administrative advances

separately, a sponsor must demonstrate a practical division of financial resources to ensure that:

• Appropriate resources are used to provide healthy meals to children;

• The sponsor has a basis to use in estimating operating and administrative costs; and

• The sponsor has a basis for requesting operating and administrative advances.

17. Should a State agency take excess funds into consideration when determining an

advance for the upcoming summer?

Yes. When processing requests for advances, State agencies should ask returning sponsors if

they had excess of revenues over expenses from the previous year. If so, these funds must be

used to support the current year’s SFSP nonprofit food service. Since money earned through

SFSP reimbursement must be used for SFSP purposes, excess funds should be used to support

10

the SFSP food service operation or administration. Therefore, the State agency may reduce the

advance to reflect the amount of funds carried over from the previous year.

18. How does a State agency reconcile an administrative advance to a combined rate?

The State agency determines the amount of the administrative advance in accordance with the

criteria established Program regulations [7 CFR 225.9(c)(2)]. The advance should be reconciled

against the meals times rates reimbursement earned to determine if excess advances need to be

returned. Because the amount available is based on the estimated need rather than specific rates,

it is doubly important that the sponsor budgets have sufficient detail to allow the State to make

the best possible estimate. States retain the right to deny or reduce the advance amount if the

budget items seem unreasonable or if the estimates are not realistic. We encourage States to work

closely with sponsors when determining appropriate advance amounts.

D. CAMPS

1. What is a nonresidential camp and how is it different from a closed enrolled site?

In order to participate in SFSP, a nonresidential camp must offer a continuous schedule of

organized programming and a meal service for enrolled children [7 CFR 225.2]. The Program

should consist of predetermined hours of operation that do not include 24 consecutive hour care

to any one participant.

A nonresidential camp is similar to a closed enrolled site in that it serves an identified group of

children and offers an organized program of activities. However, to establish eligibility to

receive reimbursement for eligible meals served to all children, closed enrolled sites (along with

open and restricted open sites) may use area free or reduced price data for the location of the site

or document that at least half of the enrolled children are eligible for free or reduced price meals.

Camps, on the other hand, may not use area eligibility data to qualify for reimbursement.

Sponsors participating as a nonresidential camp must collect documentation of individual income

eligibility for participating children and may be reimbursed only for meals served to eligible

children who meet the Program’s income standards [7 CFR 225.6(b)(8); SFSP Policy

Memorandum, SFSP Waiver for Closed Enrolled Sites, November 17, 2002].

Additionally, camps may be reimbursed for up to three meals or two meals and one snack per

day. Closed enrolled sites, however, may only be reimbursed for up to two meals each day

[7 CFR 225.16(b)].

2. What is a residential camp?

A residential camp is one that offers a regularly scheduled food service as part of an organized

program for enrolled participants [7 CFR 225.2]. In a residential camp, the same participants

spend the duration of the organized program in a 24-hour supervised care setting. Residential

camps are a distinct category of eligible service sponsors and are not considered “closed

enrolled” sites. In residential camps, all children served meals for which Program reimbursement

is claimed must be eligible for free or reduced-price meals (See also answers to questions D6 and

D7 below).

3. May a residential or nonresidential camp charge a fee to its participants for meals?

11

Meals must be provided at no charge to any eligible child in attendance at the site. Camps may

charge non-eligible children a fee for meals [7 CFR 225.6(e)(4)]. As part of the application

process, sponsors of camps must submit a statement of nondiscrimination in its policy for

serving meals to children. Additionally, camps that charge separately for meals must include:

• A statement that the camp uses the USDA’s eligibility standards for family size and

income levels at the level of reduced-price school meals;

• A description of how the camp accepts income eligibility applications from campers and

assures that children whose families receive Supplemental Nutrition Assistance Program

Food Distribution Program on Indian Reservations, or Temporary Assistance for Needy

Families benefits are automatically eligible for free meals;

• A description of how the camp will collect payments from children who must pay the full

price for their meals;

• An assurance that the camp has a hearing procedure for families who want to appeal a

denial of eligibility for free meals;

• An assurance that if a family requests a hearing, the child will continue to receive free

meals until a decision is made by the hearing official; and

• An assurance that there will be no overt identification of free meal recipients and no,

discrimination against any child on the basis of race, color, national origin, sex, age, or

disability [7 CFR 225.6(c)(4)].

4. How many meals may camps be reimbursed for serving each day?

With State agency approval, residential and nonresidential camps may claim reimbursement for

serving up to three meals or two meals and one snack to eligible children each day [7 CFR

225.16(b)(1)(i)]. Therefore, a camp may not claim reimbursement for snacks on days that it

claims reimbursement for breakfast, lunch, and supper.

Alternatively, a camp may not claim reimbursement for a third meal on days that it claims a

snack for reimbursement. However, if camps are serving different combinations of meals to

identified groups of children, they may be reimbursed for three meals and a snack each day. For

example, if a morning group at a day camp receives breakfast, lunch, and snack, and an

afternoon

group receives lunch, snack, and supper, the camp could be reimbursed for all of the meals

served as long as individual children are not served more than three meals or two meals and one

snack per day.

5. Are there time restrictions that apply to meal services at camps?

No. Federal meal service time restrictions are waived for all SFSP sites. Sponsors must continue

to establish meal times for each site and provide this information to the State agency. Therefore,

when applying to participate in the Program or providing annual updates to Program information,

sponsors must provide the State agency with information regarding the times of the meal service

at each site, but are not required to ensure that specific time periods elapse between the meal

services [7 CFR 225.6(c)(2) and (c)(3); SFSP 11-2011: Waiver of Meal Time Restrictions and

Unitized Meal Requirements in the Summer Food Service Program, October 31, 2011].

6. How must a camp document meal reimbursement eligibility?

12

Unlike open, restricted open, and closed enrolled sites, camps may not establish area eligibility.

Sponsors of camps are reimbursed only for those meals served to eligible children. Meal

reimbursement to camps participating in SFSP is based on the household income of each child

participating in the Program. Residential camps may not use area eligibility to determine a child

or group of children’s eligibility for meals. Documentation of individual eligibility from

appropriate sources, such as school data or individual eligibility forms submitted by families of

children enrolled to participate at the site, is required prior to site approval [7 CFR225.16(b)(1)].

7. Are camps required to collect income forms for participating children, or may they use

certification information from the child’s school?

Camps may use either method. Parents or guardians of children participating in camps or

enrolled programs may complete an income eligibility form providing family size and household

income data. Based on the income eligibility form, sponsors will make individual eligibility

determinations for all enrolled children since camps are reimbursed only for the SFSP meals

served to those children eligible for free or reduced price school meals [7 CFR 225.6(b)(8)].

Sponsors of camps must maintain the original approved forms for all eligible children in separate

files for each camp session. In addition, the forms must be available for review by the State

agency [7 CFR 225.16(b)(1)].

A participating SFSP sponsor that is a camp also may consult with a school to use existing free

or reduced price lunch certification for individual children [7 CFR 225.15(g)]. The school may

provide sponsors certification of individual children’s eligibility for free or reduced price meals.

The certification must be signed and dated by the appropriate authorizing official. The camp may

claim only meals served to children who are certified eligible for free or reduced price meals.

E. MISCELLANEOUS QUESTIONS

1. Do sponsors have an obligation to ensure that neighborhood children have access to

open sites?

Yes. Sponsors of sites that are open to all children must take the necessary steps to allow

children residing in the area served by the site access to the meal service. If a sponsor that would

normally operate an open site must restrict the site’s attendance (for reasons of security, safety,

or control), the sponsor must make it publicly known that the site will be open on a first-come,

first-served basis to all community children and that the meal service will be limited. State

agencies may develop procedures requiring sponsors to ensure site access. FNS encourages

sponsors of open or restricted open sites to:

• Display banners to publicize to the community that meal service sites are open;

• Provide appropriate training to supervisory staff and volunteers so that they understand

that community children have equal access to services and facilities at the site;

• Explain the availability of the Program to tenants, security staff, and other clients of the

facility where the site is located, so that they allow community children access to the area

where the meals are served;

• Announce to children, at each meal service, the time and location of the next available

meal service; and

• Work with other local organizations and schools to publicize the Program.

13

2. Are SFSP sponsors required to meet children’s special dietary preferences, including

providing vegetarian meals?

Sponsors are not required to accommodate dietary preferences, but are encouraged to do so

within the existing meal patterns. However, sponsors are required to make substitutions or

modifications to the meal patterns for participants with disabilities who are unable to consume

the regular Program meals when such substitutions are supported by a statement from a

recognized medical authority that includes the required alternate foods [7 CFR 225.16(f)(4); FNS

Instruction 783-2, Revision 2].

Additionally, substitutions may be made if individual children are unable, because of medical or

other special dietary needs, to consume the foods required by the meal patterns. Such

substitutions may be made only when supported by a statement from a recognized medical

authority that includes recommended alternate foods [7 CFR 225.16(f)(4)]. Variations in the

meal patterns may be approved where there is evidence that the variations are nutritionally sound

and are necessary to meet ethnic, religious, economic, or physical needs [7 CFR 225.16(f)(5);

FNS Instruction 783-13, Revision 2; FNS Instruction 783-14, Revision 1].

3. How many reimbursable meals may be served?

Open, restricted open, and closed enrolled sites may be reimbursed for up to two reimbursable

meals or a meal and a snack each day. The meals may be of any combination except lunch and

supper. Camps and migrant sites may be approved for reimbursement of up to three meals, or

two meals and a snack daily [7 CFR 225.16(b)].

There also are limits on the total number of meals that may be served each day. SFAs and public

agencies may serve a maximum total average daily attendance of 50,000 children. However, the

State agency may approve exceptions if the sponsor can demonstrate that it has the capability of

managing a larger program [7 CFR 225.6(b)(6)].

4. May a State agency prohibit sponsors from serving hot meals?

No. A State agency is not permitted to issue a blanket statement prohibiting all sponsors from

serving hot meals. Similarly, a State agency may not require a site to offer hot meals. If a State

agency wishes to limit the types of meals served, it may do so only on a case-by-case basis and

must be based on health or safety reasons.

5. May an SFSP site charge a fee to participate in the activity portion of its program?

Yes. Access to meal service at open sites, however, must be free. Although it is common for

enrolled programs to charge for items such as t-shirts, bags, and other identifying items that are

unallowable State administrative funds expenses, State agencies should ensure that any fees are

reasonable and do not restrict access by low-income children.

6. May a site sell a la carte items during a meal service?

Yes. The sale of a la carte items by SFSP sponsors or sites during a meal service is permitted.

The non-Program and Program components of the food service operation must be tracked

separately, accounting for the receipt, obligation, and expenditure of all SFSP funds. The sponsor

must maintain accounting records documenting proper cost allocation between the Program and

14

non-Program components of its food service operation and the State agency must ensure through

the review process that all SFSP reimbursements are used solely for conducting nonprofit food

service operations.

7. May sponsors participating in SFSP provide meals to children on the weekends?

Yes. The regulations do not restrict SFSP meal service to weekdays and States may not prevent

sponsors from offering weekend meals. As with all sites, State agencies and sponsors must

ensure that sites offering weekend meals are subject to site monitoring as required by the

regulations [7 CFR 225.7(d); 7 CFR 225.15(d)].

8. What are “backpack” programs and may SFSP funds be used to pay for them?

The Department of Agriculture (USDA) operated a backpack summer demonstration project in

Arizona, Kansas, and Ohio during the summers of 2011 and 2012. This demonstration was

authorized by the Agriculture, Rural Development, Food and Drug Administration, and Related

Agencies Appropriations Act of 2010 (Public Law 111-80). The Appropriations Act authorized

the Secretary of Agriculture to develop and test alternative methods of providing access to food

for low-income children in urban and rural areas during the summer months, when schools are

not in regular session. This project was not intended to replace the SFSP in those areas and

funding for the project did not include SFSP funds. This is currently only a demonstration project

and not available in all locations.

There are also other “backpack” programs, however, they are privately supported programs that

operate independently of the USDA Child Nutrition Programs. Although SFSP reimbursement,

which is designed to support food services for children in supervised congregate meal settings,

may not be used to pay for backpack programs, sites participating in other “backpack” programs

may distribute the backpacks at the site.

9. Where can I find more information about the FNS summer demonstration projects?

There is a webpage on the FNS public website dedicated to the summer demonstration projects.

This webpage provides an overview of each project as well as links to the research reports that

have been made available to the public to date. Future research reports also will be posted to this

page. The webpage can be found at the following link:

http://www.fns.usda.gov/ora/menu/DemoProjects/SummerFood/Default.htm

10. Are sponsors required to maintain production records?

Some States require sponsors to maintain production records, which include detailed information

about how food was purchased and the specific amounts of foods prepared and served. This is

not a Federal requirement and States have been encouraged to reconsider this requirement due to

the additional administrative burden it places on sponsors and sites. In lieu of production records,

State agencies must require that sponsors maintain records which document that all meal pattern

requirements are met. State reviewers should review menus, invoices, receipts, and other food

service records to ensure meal pattern requirements are met on the day of the review and during

the selected review period. State agencies may not disallow meals that are otherwise

reimbursable or assess an overclaim based solely on a State requirement concerning production

records [SFSP 14-2011: Existing Flexibilities in the Summer Food Service Program, May 9,

2011; 7 CFR 225.16(d)].

15

11. May non-school sponsors purchase non-unitized meals from a food service management

company when utilizing the offer versus serve (OVS) option?

Program regulations require all meals prepared by a food service management company to be

unitized, with or without milk, unless the State agency has approved a request for exceptions to

the unitizing requirement for certain components of the meal. This request for an exemption

could be granted when a sponsor requests to utilize the OVS option. State agencies are

encouraged to provide a prototype contract for sponsors which does not include the unitized meal

requirement [7 CFR 225.6(h)(3)].